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April 10, 2024 | Delaware Business Court Insider

Advance Notice Bylaw Cross-Appeals Ask Supreme Court for Reframed Analysis

The dispute over advance notice bylaws has triggered similar lawsuits from other corporations.
4 minute read
April 10, 2024 | National Law Journal

Uniform Bar Admissions Rule for US Trial Courts Draws Opposition from Circuit, District Judges

It's not like it's a Disney one-pass ticket [where] you get on any ride you want," said U.S. District Judge R. David Proctor. "There are unique things about practicing in our court."
4 minute read
April 10, 2024 | New York Law Journal

Novolex Holdings: A Rare Look at an RWI Claim Dispute

While RWI policies are manuscripted policies separately negotiated for each transaction, the vast majority contain arbitration clauses, meaning that claim disputes are resolved privately without published court rulings. The recent ruling in 'Novolex Holdings v. Illinois Union Insurance' sheds some light on one of these claim disputes, while also providing important lessons for insurers and M&A practitioners.
8 minute read
April 10, 2024 | Delaware Business Court Insider

Chancery Dismisses Derivative Action Based on Plaintiff's Failure to Allege Particularized Facts Demonstrating Demand Futility

As demonstrated by Harrison Metal Capital III v. Mathe, failure to assert well-pleaded allegations showing that a majority of the board is disabled from disinterestedly and independently evaluating whether to bring an action is fatal to a stockholder derivative claim.
5 minute read
April 10, 2024 | Delaware Business Court Insider

Terra Luna—Marking the Beginning and the End of the 'Crypto Winter'?

Does Terra's bankruptcy mark the end of the "Crypto Winter"? The recent rebound of the cryptocurrency market seems to suggest so, particularly with Bitcoin setting a new all-time high of $73,805.27 on March 14, 2024.
5 minute read
April 09, 2024 | Delaware Business Court Insider

Walmart Secures Dismissal of Drug Investigation Disclosure Claim

U.S. District Chief Judge Colm F. Connolly's decision is a win for the Latham & Watkins and Richards, Layton & Finger team that represented Walmart, CEO Doug McMillon and former CFO Brett Biggs.
2 minute read
April 09, 2024 | Delaware Law Weekly

Berger McDermott Adds New Del. Counsel

Berger McDermott announced that attorney Periann Doko recently joined the firm's corporate and commercial litigation team as counsel.
1 minute read
April 09, 2024 | The American Lawyer

IPO to Insolvency: Big Law Isn't Done Making Money on EV SPACs

"They didn't care because they were making too much money off of it, and now it's especially sad that they're finding yet another way to make money off of the very problems they helped create," Yale Law School professor John Morley said of the corporate lawyers who participated in the frenzy.
8 minute read
April 08, 2024 | Delaware Business Court Insider

'Match' Opinion Stresses Delaware Courts' Focus on Investors, Scrutiny of Controlling Shareholders

"The Delaware courts are going to continue to have a lot of skepticism when it comes to conflicted controller transactions," Fried, Frank, Harris, Shriver & Jacobson senior counsel Gail Weinstein said.
4 minute read
April 08, 2024 | Delaware Law Weekly

'A Lot of Skepticism': Recent Opinion Stresses Delaware Courts' Focus on Investors, Scrutiny of Controlling Shareholders

"The Delaware courts are going to continue to have a lot of skepticism when it comes to conflicted controller transactions," Fried, Frank, Harris, Shriver & Jacobson senior counsel Gail Weinstein said.
4 minute read

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